UNICA-BPA JV, LLC (70LGLY24RGLB00001)

B-422580.3 Jan 08, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights UNICA-BPA JV, an 8(a) small business joint venture of Dallas, Texas, protests its elimination from competition under request for proposals (RFP) No. 70LGLY24RGLB00001, issued by the Department of Homeland Security, Federal Law Enforcement Training Center (FLETC), for dormitory management support services. UNICA argues that it was improperly excluded from the competition for failing to have an active System for Award Management (SAM) registration at the time of initial proposal submission. We sustain the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: UNICA-BPA JV, LLC File: B-422580.3 Date: January 8, 2025 Richard W. Arnholt, Esq., Sylvia Yi, Esq., and Adam R. Briscoe, Esq., Bass Berry & Sims, PLC, for the protester. Timothy M. McLister, Esq., Shomari B. Wade, Esq., and Jordan N. Malone, Esq., Greenberg Traurig, LLP, for T47 International, Inc., the intervenor. Lisa C. Yeoman, Esq., and Mandy W. Chiles, Esq., Department of Homeland Security, for the agency. Emily R. O’Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging protester’s elimination from competition for failing to have active registration in the System for Award Management is sustained where the agency included protester in competitive range and protester had active registration at time of final proposal revision. DECISION UNICA-BPA JV, an 8(a) small business joint venture of Dallas, Texas, protests its elimination from competition under request for proposals (RFP) No. 70LGLY24RGLB00001, issued by the Department of Homeland Security, Federal Law Enforcement Training Center (FLETC), for dormitory management support services.[1] UNICA argues that it was improperly excluded from the competition for failing to have an active System for Award Management (SAM) registration at the time of initial proposal submission. We sustain the protest. BACKGROUND The agency issued the solicitation on November 29, 2023, as an 8(a) set-aside under the procedures of FAR parts 12 and 15. Agency Report (AR), Tab 1, RFP at 1-2, 24; Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2.[2] The RFP contemplated the award of a fixed-price contract for one 6-month base period and five 1-year options. RFP at 71. The agency sought management support services to provide custodial and housekeeping services, desk clerk services, locksmith services, and maintenance services for dormitories, student centers, and other facilities at the FLETC campus in Glynco, Georgia. AR, Tab 2, Source Selection Plan at 3. Award would be made on a best-value tradeoff basis, considering the following evaluation factors: management and technical approach; prior experience; hazardous waste management plan; past performance; and price. RFP at 207-208. UNICA submitted a proposal by the January 2, 2024, due date set by the RFP.[3] COS/MOL at 6. On April 25, after evaluation of initial proposals was completed, the agency notified UNICA that it had been excluded from the competitive range. AR, Tab 6, April 25 Notice of Exclusion. UNICA subsequently protested its exclusion to our Office, which we docketed as B-422580. In response, the agency elected to take corrective action by including UNICA in the competitive range and entering into discussions with UNICA. UNICA-BPA JV, LLC, B-422580, May 28, 2024 (unpublished decision). Consequently, we dismissed the protest as academic on May 28. Id. On May 30, the agency opened discussions with UNICA, identifying the areas in the firm’s proposal requiring additional information, clarification, verification, or resubmission. AR, Tab 7, UNICA Discussion Letter. At the close of discussions, and after the agency amended the solicitation, UNICA submitted its final proposal revision on July 10. AR, Tab 11, UNICA Final Proposal Revisions. On August 6, pursuant to FAR section 15.503(a)(2), FLETC issued a preaward notice for small business programs, which identified UNICA as the apparent successful offeror. AR, Tab 14, Preaward Notice at 2. Another offeror, T47 International, Inc., filed a protest with our Office, arguing that UNICA could not be awarded the contract because UNICA did not have an active SAM registration at the time of initial proposal submission. COS/MOL at 7. The agency thereafter indicated that it would rescind the preaward notice, and T47 withdrew its protest. Id. On August 23, FLETC rescinded its preaward notice, which had identified UNICA as the apparent awardee. AR, Tab 16, Rescission of Preaward Notice at 2.